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TREATY WITH THE CHEROKEES, 1846.

Ratified August 8, 1846.

PROCLAMATION ANGUST 17, 1846.

SUMMARY.

Preamble.

Art.

I. Lands occupied by Cherokee Nation to be secured to whole people, and a patent to be issued. Reversion to be in United States.

Art.

II.

All difficulties and disputes adjusted and a general amnesty declared. Laws to be passed for equal protection, and for the security of life, liberty and property. No one to be punished for any crime except on conviction by a jury. Fugitives from justice.

III. Certain claims paid out of the, $5,000,000 fund to be reimbursed by the United States.

Art.

Art.

IV.

Provisions for the equitable interest of the Western Cherokees in lands ceded by treaty of 1828. How the value of said interest shall be ascertained. Release by Western Cherokees to United States.

Art. V. Per capita allowance for Western Cherokees to be held in trust by United States. Not Assignable. Committee of five from "Old Settlers.'

Art. VI. Indemnity for "Treaty Party." Provisions for heirs of Major Ridge, John Ridge and Elias Boudinot.

Art. VII.

Art. VIII.
Art. IX.

Art.

X.

Values of salines to be ascertained and paid to individuals dispossessed of them.

Payment for a printing press, etc.

A fair and just settlement of all moneys due the Cherokees under the treaty of 1835 to be made. Rights under treaty of August, 1835 not affected. Art. XI. Certain questions to be submitted to Senate of United

States.

Articles of treaty made and concluded in Washington in the District of Columbia, between the United States of America by three commissioners, Edmund Burke, William Armstrong and Albion K. Parris, and John Ross, Principal Chief of the Cherokee Nation; David Vann, William S. Coody, Richard Taylor, T. H. Walker, Clement V. McNair, Stephen Foreman, John Drew and Richard Field, delegates duly appointed by the regularly constituted authorities of the Cherokee Nation; George W. Adair John A. Bell, Stand Watie, Joseph M. Lynch, John Huss and Brice Martin, a delegation appointed by and representing that portion of the Cherokee tribe of Indians known and recognized as the "Treaty Party"; John Brown, Captain Dutch, John L. McCoy, Richard Drew and llis Phillips,

delegates appointed by, and representing, that portion of the Cherokee tribe of Indians known and recognized as "Western Cherokees," or "Old Settlers."

Whereas, serious difficulties have, for a considerable time past, existed between the different portions of the people constituting and recognized as the Cherokee Nation of Indians, which it is desirable should be speedily settled, so that peace and harmony may be restored among them; and whereas certain claims exist on the part of the Cherokee Nation, and portions of the Cherokee people, against the United States; therefore, with a view to the final and amicable settlement of the difficulties and claims before mentioned, it is mutually agreed by the several parties to this convention as follows:, viz:

Art. 1. That the lands now occupied by the Cherokee Nation shall be secured to the whole Cherokee people for their common use and benefit; and a patent shall be issued, including the eight hundred thousand acres purchased, together with the outlet west, promised by the United States, in conformity with the provisions relating thereto, contained in the third article of the treaty of 1835, and in the third section of the act of congress, approved May twenty-eighth, 1830. which authorizes the President of the United States, in making exchanges of land with the Indian tribes, "to assure the tribe or nation with which the exchange is made, that the United States will forever secure and guarantee to them, and their heirs or successors, the country so exchanged with them; and if they prefer it, that the United States will cause a patent or grant to be made and executed to them for the same; provided, always, that such lands shall revert to the United States if the Indians become extinct or abandon the same." Art. 2. All the difficulties and differences heretofore existing between the several parties of the Cherokee Nation are hereby settled and adjusted and shall, as far as possible, be forgotten and forever buried in oblivion. All party distinctions shall cease, except so far as they may be necessary to carry out this convention or treaty. A general amnesty is hereby declared. All offenses and crimes committed by a citizen or citizens of the Cherokee Nation against the nation, or against an individual or individuals, are hereby pardoned. All Cherokees who are now out of the nation are invited and earnestly requested to return to their homes, where they may live in peace, assured that they shall not be prosecuted for any offense heretofore committed against the Cherokee Nation, or any individual thereof. And this pardon and amnesty shall extend to all who may now be out of the nation, and who shall return thereto on or before the 1st day of December next. The several parties agree to unite in enforcing the laws against all future offenders. Laws shall be passed for equal protection, and for the security of life, liberty and property; and full authority shall be given by law, to all or any portion of the Cherokee people, peaceably to assemble and petition their own government, or the Government of the United States, for the redress of grievances, and to discuss their rights. All armed police, light horse, and other military organizations, shall be abolished, and the laws enforced by the civil authorities alone.

No one shall be punished for any crime or misdemeanor except on conviction by a jury of his country, and the sentence of a court duly authorized by law to take cognizance of the offense. And it is further agreed, all fugitives from justice, except those included in the general amnesty herein stipulated, seeking refuge in the territory of the United States, shall be delivered up by the authorities of the United States to the Cherokee Nation for trial and punishment.

Art. 3. Whereas certain claims have been allowed by the several boards of commissioners heretofore appointed under the treaty of 1835, for rents, under the name of improvements and spoliations, and for property of which the Indians were dispossessed, provided for under the 16th

article of the treaty of 1835; and whereas the said claims have been paid out of the $5,000,000 fund; and whereas said claims were not justly chargeable to that fund, but were to be paid by the United States, the said United States agrees to reimburse the said fund the amount thus charged to said fund, and the same shall form a part of the aggregate amount to be distributed to the Chreokee people, as provided in the 9th article of this treaty; and whereas a further amount has been allowed for reservations under the provisions of the 13th article of the treaty of 1835, by said commissioners, and has been paid out of the said fund, and which said sums were properly chargeable to, and should have been paid by the United States, the said United States further agrees to reimburse the amounts thus paid for reservations to said fund; and whereas the expenses of making the treaty of New Echota were also paid out of said fund, when they should have been borne by the United States, the United States agrees to reimburse the same, and also to reimburse all other sums paid to any agent of the government, and improperly charged to said fund; and the same shall also form a part of the aggregate amount to be distributed to the Cherokee people, as provided in the 9th article of this treaty.

Art. 4. And whereas it has been decided by the board of commissioners recently appointed by the President of the United States to examine and adjust the claims and difficulties existing against and between the Cherokee people and the United States, as well as between the Cherokees themselves, that under the provisions of the treaty of 1828, as well as in conformity with the general policy of the United States in relation to the Indian tribes, and the Cherokee Nation in particular, that that portion of the Cherokee people known as the "Old Settlers" or "Western Cherokees," had no exclusive title to the territory ceded in that treaty, but that the same was intended for the use of, and to be the home for, the whole nation, including as well that portion then east as that portion then west of the Mississippi river; and whereas the said board of commissioners further decided that, inasmuch as the territory before mentioned became the common property of the whole Cherokee Nation by the operation of the treaty of 1828, the Cherokees then west of the Mississippi river, as well as in those occupied by themselves west of that river, which interest should have been provided for in the treaty of 1835, but which was not, except in so far as they, as a constituent portion of the nation, retained, in proportion to their numbers, a common interest in the country west of the Mississippi, and in the general funds of the nation; and therefore they have an equitable claim upon the United States' for the value of that interest, whatever it may be. Now, in order to ascertain the value of that interest, it is agreed that the following principle shall be adopted, viz: All investments and expenditures which are properly chargeable to the sums granted in the treaty of 1835, amounting in the whole to five millions six hundred thousand dollars (which investments and expenditures are particularly enumerated in the 15th article of the treaty of 1835) to be first deducted from said aggragate sum, thus ascertaining the residum or amount which would, under such marshalling of accounts, be left for per capita distribution among the Cherokees emigrating under the treaty of 1835, excluding all the improper and extravagant expenditures, and then allow to the Old Settlers or Western Cherokees a sum equal to one-third part of said residum, to be distributed per capita to each individual of said party of "Old Settlers" or "Western Cherokees." It is further agreed that, so far as the Western Cherokees are concerned, in estimating the expense of removal and subsistence of an Eastern Cherokee, to be charged to the aggregate fund of five million six hundred thousand dollars above mentioned, the sums for removal and subsistence stipulated in the 8th article of the treaty of 1835, as commutation money in those cases in which the parties entitled to it removed themselves, shall be adopted. And as it affects the settlement with the

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Western Cherokees, there shall be no deduction from the fund before mentioned in consideration of any payments which may hereafter be made out of said fund; and it is hereby further understood and agreed, that the principle above defined shall embrace all those Cherokees west of the Mississippi, who emigrated prior to the treaty of 1835.

In the consideration of the foregoing stipulation on the part of the United States, the "Western Cherokees" or "Old Settlers" hereby release and quit-claim to the United States all right, title, interest, or claim they may have to a common property in the Cherokee lands east of the Mississippi river, and to exclusive ownership to the lands ceded to them by the treaty of 1833 west of the Mississippi, including the outlet west, consenting and agreeing that the said lands, together with the eight hundred thousand acres ceded to the Cherokees by the treaty of 1835, shall be and remain the common property of the whole Cherokee people, themselves included.

Art. 5. It is mutually agreed that the per capita allowance to be given to the "Western Cherokees" or "Old Settlers" upon the principle above stated, shall be held in trust by the Government of the United States, and paid out to each individual belonging to that party or head of family or his legal representatives. And it is further agreed that the per capita allowance to be paid as aforesaid shall not be assignable, but shall be paid directly to the persons entitled to it, or to his heirs or legal representatives, by the agent of the United States, authorized to make such payments.

And it is further agreed that a committee of five persons shall be appointed by the President of the United States, from the party of "Old Settlers" whose duty it shall be, in conjunction with an agent of the United States, to ascertain what persons are entitled to the per capita allowance provided for in this and the preceding article.

Art. 6. And whereas, many of that portion of the Cherokee people known and designated as the "Treaty Party" have suffered losses and incurred expenses in consequence of the treaty of 1835, therefore, to indemnify the treaty party, the United States agrees to pay to the said treaty party the sum of one hundred and fifteen thousand dollars of which the sum of five thousand dollars shall be paid by the United States to the heirs and legal representatives of Major Ridge, the sum of five thousand dollars to the heirs and legal representatives of John Ridge, and the sum of five thousand dollars to the heirs and legal representatives of Elias Boudinot, and the balance being the sum of one hundred thousand dollars, which shall be paid by the United States in such amounts and to such persons as may be certified by a committee to be appointed by the treaty party, and which committee shall consist of not exceeding five persons, and approved by an agent of the United States, to be entitled to receive the same for losses and damages sustained by them, or by those of whom they are the heirs or legal representatives; provided, that out of the said balance of one hundred thousand dollars, the present delegation of the treaty party may receive the sum of twenty-five thousand dollars, to be by them applied to the payment of claims and other expenses. And it is further provided that, if the said sum of one hundred thousand dolsars should not be sufficient to pay all the claims allowed for losses and damages, that then the same shall be paid to the said claimants pro rata, and which payments shall be in full for all claims and losses of the said treaty party.

Art. 7. The value of all salines which were the private property of Individuals of the Western Cherokees, and of which they were dispossessed provided there be any such, shall be ascertained by the United States agent and a commissioner to be appointed by the Cherokee authoritics; and, should they be unable to agree, they shall select an umpire, whose decision shall be final; and the several amounts found due shall be paid by the Cherokee Nation, or the salines returned to their respective owners.

article of the treaty of 1835; and whereas the said claims have been paid out of the $5,000,000 fund; and whereas said claims were not justly chargeable to that fund, but were to be paid by the United States, the said United States agrees to reimburse the said fund the amount thus charged to said fund, and the same shall form a part of the aggregate amount to be distributed to the Chreokee people, as provided in the 9th article of this treaty; and whereas a further amount has been allowed for reservations under the provisions of the 13th article of the treaty of 1835, by said commissioners, and has been paid out of the said fund, and which said sums were properly chargeable to, and should have been paid by the United States, the said United States further agrees to reimburse the amounts thus paid for reservations to said fund; and whereas the expenses of making the treaty of New Echota were also paid out of said fund, when they should have been borne by the United States, the United States agrees to reimburse the same, and also to reimburse all other sums paid to any agent of the government, and improperly charged to said fund; and the same shall also form a part of the aggregate amount to be distributed to the Cherokee people, as provided in the 9th article of this treaty.

Art. 4. And whereas it has been decided by the board of commissioners recently appointed by the President of the United States to examine and adjust the claims and difficulties existing against and between the Cherokee people and the United States, as well as between the Cherokees themselves, that under the provisions of the treaty of 1828, as well as in conformity with the general policy of the United States in relation to the Indian tribes, and the Cherokee Nation in particular, that that portion of the Cherokee people known as the "Old Settlers" or "Western Cherokees," had no exclusive title to the territory ceded in that treaty, but that the same was intended for the use of, and to be the home for, the whole nation, including as well that portion then east as that portion then west of the Mississippi river; and whereas the said board of commissioners further decided that, inasmuch as the territory before mentioned became the common property of the whole Cherokee Nation by the operation of the treaty of 1828, the Cherokees then west of the Mississippi river, as well as in those occupied by themselves west of that river, which interest should have been provided for in the treaty of 1835, but which was not, except in so far as they, as a constituent portion of the nation, retained, in proportion to their numbers, a common interest in the country west of the Mississippi, and in the general funds of the nation; and therefore they have an equitable claim upon the United States' for the value of that interest, whatever it may be. Now, in order to ascertain the value of that interest, it is agreed that the following principle shall be adopted, viz: All investments and expenditures which are properly chargeable to the sums granted in the treaty of 1835, amounting in the whole to five millions six hundred thousand dollars (which investments and expenditures are particularly enumerated in the 15th article of the treaty of 1835) to be first deducted from said aggragate sum, thus ascertaining the residum or amount which would, under such marshalling of accounts, be left for per capita distribution among the Cherokees emigrating under the treaty of 1835, excluding all the improper and extravagant expenditures, and then allow to the Old Settlers or Western Cherokees a sum equal to one-third part of said residum, to be distributed per capita to each individual of said party of "Old Settlers" or "Western Cherokees." It is further agreed that, so far as the Western Cherokees are concerned, in estimating the expense of removal and subsistence of an Eastern Cherokee, to be charged to the aggregate fund of five million six hundred thousand dollars above mentioned, the sums for removal and subsistence stipulated in the 8th article of the treaty of 1835, as commutation money in those cases in which the parties entitled to it removed themselves, shall be adopted ffects the settlement with the

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